Motor-Cyclist Awarded $3000 Damages

Press, Volume CIX, Issue 32119, 15 October 1969, Page 30

Motor-Cyclist Awarded $3000 Damages

A jury in the Supreme Court last evening awarded Anthony Adey, aged 42, a Storekeeper, general and special damages of $3OOO for injuries suffered in a collision with a car driven by Margaretta Evelyn Murray, a housewife, on October 1, 1966. Mr Justice Macarthur entered judgment for the defendant because the amount paid into Court exceeded the amount-awarded. The plaintiff (Mr G. H. Gould, with him Mr S. R. Mating) sought $lO,OOO general damages, and $2201 special damages. The jury found that Mrs Murray had been negligent in moving from a stop sign before the way was dear and assessed damages at $3BOO general and $2201 special. It also found that Mr Adey had failed to keep a proper look out and had failed to. stop or steer cigar of a collision. It held that his contributory negligence was 50 per cent, and damages were reduced accordingly. Evidence was given on Monday that Mr Adey, riding 1 his motor-cycle south in Strowan Road, was involved ; in a collision with a car, 1 driven by Mrs Murray, movi ing out of Heaton Street. Mr

Adey suffered a fractured lower leg and a lacerated thigh. Mrs Murray said yesterday that she stopped at the stop sign in Heaton Street and looked to her right, along Strowan Road. There was nothing to be seen. She could not see very far along, so she drove slowly forward to get a better view to her right. This was her normal practice, as it was a dangerous corner.

“As I turned right 1 saw a man on a motor-cycle,” Mrs Murray said. “He was travelling fairly close to his left. I braked immediately expecting him to go round the front. He scarcely veered at all—he drove straight into the car.” Cross-examined by Mr Gould, Mrs Murray said she could not have driven more carefully. The motor-cyclist appeared to be moving very fast.

Giving evidence for the defence, Mr A. B. Mackenzie, an orthopaedic surgeon, said he had twice examined Mr Adey and each time Mr Adey was, quite definite that he suffered no pain, but that he had some problem when picking up heavy objects, because of a slightly disabled left leg.